Chapter 16.24
LAND DISTURBING ACTIVITY
Sections:
16.24.020 Minimum requirements.
16.24.030 Land disturbing activity permit.
16.24.050 Administrative provisions.
16.24.010 Adopted.
Definitions and thresholds for determining the requirements for land disturbing activity regulated under this chapter shall be in accordance with EMC 14.10.010. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2529 § 1 (Exh. A), 2013; Ord. 2461 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.24.020 Minimum requirements.
The design, operation and maintenance of land disturbing activity best management practices regulated under this chapter shall be in accordance with EMC 14.10.010. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2529 § 1 (Exh. A), 2013; Ord. 2461 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.24.030 Land disturbing activity permit.
A. Any person(s) who desires to perform any land disturbing activity that meets or exceeds the minimum requirements referenced in section I-2.5 of the stormwater manual adopted in EMC 14.10.010 shall submit a land disturbing activity permit application to the public works office unless otherwise waived by the city engineer or designee. Trenching and grading are considered land disturbing activities. No land disturbing activity shall commence until a land disturbing activity permit application has been approved and a land disturbing activity permit issued by the city engineer or designee. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.24.040 General standards.
A. A completed land disturbing activity permit application shall be submitted to the public works department and processed concurrently with any other permit(s) or approval(s). Incomplete applications will be returned to the applicant for completion prior to processing.
B. Land disturbing activity shall employ best management practices (BMPs) as adopted in EMC 14.10.010 even if a permit is not required. Land disturbing activity shall not create or contribute to erosion, siltation, flooding, soil compaction (except when associated with stabilization of structures and road construction), unstable soil conditions, illicit discharge into the city stormwater systems, or otherwise adversely affect water quality as determined by the public works department.
C. The property owner is responsible to ensure that the clearing of any trees that are within striking distance of a structure, or have potential to cause damage to others, is performed by a licensed and bonded contractor.
D. The property owner is responsible for obtaining a right-of-way permit for any construction-related activities that in any way involve public right-of-way.
E. The property owner shall provide storage areas that meet current collection point standards for the duration of the work performed in accordance with Chapter 19.06 EMC. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.24.050 Administrative provisions.
A. Permit Approval. The city engineer shall have the authority to:
1. Issue the notice to proceed;
2. Determine that the project is complete; and
3. Determine vehicle haul routes and hours of operation for construction activities.
B. Land Disturbing Activity Permit Duration. The permit will expire if the authorized work does not commence within 180 days of the date of the permit issuance, or if, after work commences, the work is suspended or abandoned at any time for a period of 180 days. The permit may be revoked if work does not comply with all laws, rules and regulations of the city of Enumclaw. The duty to ensure compliance with the aforementioned rests with the builder, developer and/or the property owner, not the city of Enumclaw.
C. Financial Guaranty. The city engineer may require a financial guaranty in a form accepted by the city to ensure that the property is rehabilitated; vegetation caused to grow; the stormwater system(s), including all LID elements, function as designed; and any other performance issues are addressed. The financial guaranty shall be accompanied by an agreement granting the city and its agents the right to enter the property and perform work. The agreement shall also hold the city harmless from all claims and expenses, including attorneys’ fees. The city engineer shall determine the amount and duration of the guaranty.
D. Appeals. Any person aggrieved or dissatisfied by the decision of the city engineer may appeal said order to the hearing examiner by filing a written notice of appeal with the city engineer not more than 15 days after the date of the order issued by the city engineer. Said written appeal should state the nature of the dissatisfaction, the type of work desired to be done, the reasons why the aggrieved or dissatisfied person feels the work should be completed, and the relief requested.
Said appeal shall be considered at the next regularly scheduled meeting of the city hearing examiner, whose decision shall become effective immediately and shall be final and conclusive.
E. Fees. Fees shall be assessed in accordance with the city’s fee schedule.
F. Revocation of Permits. Failure of the owner and/or permittee to comply with any or all of the provisions of this chapter or any or all provisions of a land disturbing activity permit may cause the city engineer to revoke the permit. If the permit is revoked, all activity on the site shall immediately cease until such time that noncompliance is corrected to the city engineer’s satisfaction and the permit is reinstated.
G. Penalties. Any violation of the requirements of this chapter or the conditions of a land disturbing activity permit shall be enforced pursuant to the provisions of Chapter 1.08 EMC.
Any person(s) who performs any land disturbing activity without first securing a land disturbing activity permit shall be subject to penalties as stated in this section and may be required to restore the site to the satisfaction of the city engineer. In addition, all activity on the site shall immediately cease and there shall be no issuance of any other permit or approval until such time that a land disturbing activity permit has been submitted, processed and issued. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010; Ord. 2401, 2008).